CARL ZEISS STIFTUNG v. VEB CARL ZEISS JENA

No. 767, Docket 33676.

433 F.2d 686 (1970)

CARL ZEISS STIFTUNG, doing business under the name and style of Carl Zeiss, and Zeiss Ikon A.G., Plaintiffs-Appellees, v. VEB CARL ZEISS JENA, Steelmasters, Inc., and Ercona Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 2, 1970.


Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City (William E. Jackson, Isaac Shapiro, Walter J. Derenberg, Von Maltitz, Derenberg, Kunin & Janssen, New York City, of counsel), for plaintiffs-appellees.

Botein, Hays, Sklar & Herzberg, New York City (Harry I. Rand, Donald E. Nawi, David Kremen, New York City, of counsel), for defendants-appellants.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.


JAMESON, District Judge:

This trademark infringement action involves the ownership and use in the United States of the "Zeiss" and "Zeiss Ikon" names and marks on optical and mechanical precision instruments. Plaintiffs-appellees are the Carl Zeiss Stiftung (or Foundation) doing business under the name of Carl Zeiss, located in Heidenheim, West Germany, and its subsidiary, Zeiss Ikon A.G., located in Stuttgart, West Germany. The defendants-appellants

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